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County Administrator's Report 9. 10.

BCC Regular Meeting

Technical/Public Service Consent

Meeting Date:	08/15/2019
Issue: Schedule a Public Hearing to Consider the Vacation of a Portion of Unopened Right-of-Way Known as Boyd Avenue
From:	Joy Jones
Department:	Engineering
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Scheduling of a Public Hearing to Consider the Vacation of a Portion of Unopened Right-of-Way known as Boyd Avenue - Joy Jones, P.E., Engineering Department Director

That the Board take the following action regarding a Petition to Vacate a Portion of Unopened Right-of-Way known as Boyd Avenue, as petitioned by Cindy A. Naumowicz, as Successor Trustee of the Marguerite Ann Arenberg Living Trust, dated April 6, 2011, represented by Daniel P. Saba, Esquire:

A. Authorize the scheduling of a Public Hearing for October 3, 2019, at 5:32 p.m., to consider the Petition to Vacate a Portion of Unopened Right-of-Way known as Boyd Avenue,(approximately 0.18 acres), as petitioned by Cindy A. Naumowicz, as Successor Trustee of the Marguerite Ann Arenberg Living Trust, dated April 6, 2011, represented by Daniel P. Saba, Esquire: and

B. Require the Petitioner to notify all property owners within a 500-foot radius.

The real property mentioned in this Petition to Vacate is located in Commission District 4.

BACKGROUND:

This portion of Boyd Avenue runs from Olive Road to Interstate 10. The Petitioner's family has owned the property located at 3575 Nobles Street for 30 years. Petitioner is requesting to vacate the unopened right-of-way east of her property known as Boyd Avenue,(approximately 0.18 acres).

Staff has reviewed the request and there are no concerns or issues other than possible encroachments in the unopened right-of-way (fencing).

Utility companies have been contacted. AT&T, Emerald Coast Utilities Authority, Pensacola Public Works Department, nor Transcore, Inc. have any concerns nor issues with the vacation request.

Gulf Power has no facilities in the area, however they did mention that there is a power pole east of the unopened right-of-way that services the Petitioner's home and the neighbor to the east of the unopened right-of-way. If either resident requests that the power pole be moved, it would be at their expense and not Gulf Power's.

Pensacola Energy does not have an interest in maintaining an easement through the vacated area. However, a natural gas main is currently active in the right-of-way. A No Objection Letter was issued by Pensacola Energy and the main will be capped at the Petitioner's expense.

BUDGETARY IMPACT:

Indirect staff cost associated with the preparation of documents and Recommendation.

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

All work associated with this request is being done in-house and no additional staff is required.

POLICY/REQUIREMENT FOR BOARD ACTION:

Based on the Board’s Vacating, Abandoning, and Closing Existing Public Streets, Rights-of-Way, Alleyways, Roads, Highways, Other Places Used for Travel or Other Lands Dedicated for Public Use or Purposes, or Any Portions Thereof to Renounce and Disclaim Any Right of the County and The Public In and To Said Lands policy for closing, vacating and abandoning County owned property – Section III and Florida Statutes, Chapter 336.

IMPLEMENTATION/COORDINATION:

Once the Public Hearing has been scheduled, the Petitioner will be notified, the date and time will be advertised, and all owners of property within 500 feet will be notified.

Attachments
Petition to Vacate_Boyd Ave
Aerial Map_Boyd Ave
No Objection Letter_Pensacola Energy